[kictanet] Bid to cancel broadcast licences halted

[alice at apc.org]

Another long delay to implementing some of the very good provisions of the KCA amendment act.
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 Bid to cancel broadcast licences halted

By PAUL JUMA 

pjuma at ke.nationmedia.comPosted Monday, November 14 2011 at 22:30

The government has been blocked from cancelling broadcast licences or interfering with frequencies pending determination of a case by media owners.

The High Court on Monday granted the interim injunction after the Media Owners Association (MOA) filed an application and a constitutional petition against the government. (Read: Kenyan broadcasters have only days to apply for new licences)

Following the order, the Communications Commission of Kenya (CCK) cannot cancel, suspend, restrict or interfere with media licences, frequencies, broadcasting spectrums and services before determination of MOA's suit.

The court also set the matter for a hearing on Wednesday and directed the MOA to serve the Attorney General, the CCK and the Ministry of Information. The three are the respondents in the application.

The media owners sprung into action after the government issued a press release last Thursday warning that no entity would be allowed to broadcast without a licence, beginning Wednesday.

A day later, CCK issued a further public notice that it would repossess some frequencies currently being held by the media owners. The MOA argues that action by CCK is unlawful and unreasonable.

Repossess frequencies

According to the MOA lawyer, Mr Issa Mansur, the CCK had threatened to repossess the frequencies before discussions, on the implementation of the Constitution and establishment of an Independent Broadcasting Authority, were conducted.

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MOA chairman Samuel Kamau Macharia, in a statement to court, also accuses the CCK of issuing the notice when media owners and the Attorney General were still consulting on draft Bills to implement Article 34 of the Constitution.

Article 34 guarantees the freedom of the media. It also provides that Parliament shall enact a law creating an independent body to set media standards and monitor compliance with those standards.

The MOA says that it had met the Attorney General, on October 17, and discussed those provisions.

They were still waiting for another meeting, to be convened by the AG to discuss the draft Bills, when the CCK placed the notice of cancellation of licenses, Mr Macharia says.

Any action by CCK at this stage would be unlawful and unreasonable, he has told the court.

The MOA argues that the Ministry of Information has the constitutional mandate of ensuring that the government's Media and Broadcasting policies are in accord with the Constitution.

The ministry's mandate is also to ensure that the Government does not overstep its mandate in regulation of media and broadcasting services.

The MOA's constitutional petition is seeking some declarations and interpretation of Article 34.

The association wants the court to declare that the two notices by the CCK are null and void.

It also wants the court to declare that media freedom under Article 34 have been infringed and threatened.

The MOA is also seeking a declaration that the Article envisages an Independent Broadcasting Authority free from government, political interests and commercial interests.

It has also applied for a permanent injunction stopping the ministry and CCK from interfering with its members' licenses.

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